The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1887-04-13
EARLY INDIANA JUSTICE.
Amusing Trial in which Some Remarka-
BILE Law Was Produced.

In the early history OF this.section Of. the
West many incidents connected with the
primitive administration and execution OF
law occurred which are worthy of observa-
ton. The first Justice of the Peace in
Milan, Ripley County, Indiana, had a pc
culiar experience in the first trial before
him, which was dog case. The plaintiff
owned a yellow dog, which was killed by
the defendant.
The irate owner Immediately went to YER
sailles, the county seat, to obtain lawyer
to prosecute claim FOR damages. Court not
being in session, all the attorneys were of
on the circuit except Stephen S. Harding
a young man who was afterward Gov
ernor of Idaho and Chief Justice OF
Utah, whom the plaintiff employed TO
bring his suit. The defendant, hearing
that a lawyer had been secured by his OPP
ponent, also repaired to Versailles, and not
tndiBg. any barrister, he retained Judge
Test, then a clerk in the Clerks office,
where he spent his spare time in studying
law. The appointed day for the contest
came, and the opposing counsel started for
the scene of conflict together. Tney found
the Justice surrounded by his attendants
and friends, among them Constable Cap
tain Shook, an Old Revolutionary s)ldief
The case being called for trial, the Justice
ordered the constable to read the law to
the people, whereupon Captain Shook, with
great dignity, read section OF an old In
diana statute, which in substance provided:
"a Justice of the Peace shall have power
to preserve order by fine not exceeding
20 cents or by Imprisonment in the county
Jail not to exceed twentyfour hours, IL
there be Jail in the county, otherwise in
an adjoining county"
At the conclusion OF the reading the
Justice put on his tin-rimmed spectac es
and reread the provision, emphasizing 1t
with his purpose to carry out the law. il
the people, who were there from long dis
tsnces in their hunting-shirts and home
spuns, did not keep order, and the lawyers
we're also admonished to beware of any in
fraction. Mr.. Test arose to argue a de-
murrer, and the Justice wanted to know
what demurrer was Governor Harding
had to come to the relief Of Test with an
admission that the proceedings were regu-
lar before the Justice would allow Test To
go on. The plaintiffs attorney supported
the argument by a quotation from an
ancient copy of Blackstone and the only
law book in the court. The law was to the
effect that dogs were herl natura, wild by
nature, not subjects of larceny, therefore
not property. During the argument the
Justice glanced at Harding in a severe way,
as much as to say: How dare you bring
any such SUIT in my court?'
Harding then stood up with fear aud
trembling, and, under great embarrass-
ment, tried to answer Tests argument
Suddenly opening Blackstone he saw the
date on the title page was A. ID. 1923. Hav-
ing a fertile imagination, with great
emphasis he brought this fact to the atten-
tention of the court, saying that he was
astonished that any lawyer would use such
an authority; that Blackstone contained
the laws of England to overthrow which
our forefathers had spent their lives and
their treasures; that the grinning skeletons
upon the bloody fields of Saratoga, Cow
pens and Utah Springs were protesting
against that despotlsm which threatened
our liberties.
After this fight of fiery eloquence the
Justice turned to Mr.. Test iercely and
said: 1.-THE court will forgive you this
time, but If ever you do that again 1 will
fine you not exceeding 10 cents or send
you to Jail for not exceeding twenty-f0ur
hours, If there be Jail in the county, and
if not, in the adjoining county"
This settled the case, and a judgment
was given for $40, the estimated value of
the dog.